[Congressional Record Volume 146, Number 90 (Thursday, July 13, 2000)]
[Extensions of Remarks]
[Page E1228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ENHANCED FEDERAL SECURITY ACT OF 2000, H.R. 4827

                                 ______
                                 

                           HON. STEPHEN HORN

                             of california

                    in the house of representatives

                        Wednesday, July 12, 2000

  Mr. HORN. Mr. Speaker, today I am introducing the Enhanced Federal 
Security Act of 2000. H.R. 4827 seeks to prohibit those who abuse forms 
of false identification, including the law enforcement badge, from 
committing crimes against innocent people. This legislation is an 
expanded and improved version of my earlier proposal, the Police Badge 
Fraud Prevention Act, H.R. 2633.
  The Enhanced Federal Security Act prohibits entry under fraudulent or 
false pretense to Federal Government buildings and the secure area of 
any airport. It also bans the interstate and foreign trafficking of 
counterfeit and genuine police badges, among those not authorized to 
possess such a badge.
  H.R. 4827 addresses serious issues of security and public safety. 
Recently, the General Accounting Office conducted an undercover 
investigation of security in Federal Government buildings at the 
request of Representative Bill McCollum, Chairman of the Subcommittee 
on Crime. This investigation revealed critical lapses in policy at 
these government buildings which allowed unauthorized individuals 
access to secure areas, placing not only the individuals in those areas 
in danger, but jeopardizing national security. These undercover agents 
flashed fake law enforcement badges, which were easily obtained through 
the Internet, to penetrate secure areas in 19 government offices and 
two major airports.
  Criminals can just as easily purchase badges, such as these used in 
the undercover investigation, over the Internet and through mail order 
catalogs. The ease with which the General Accounting Office agents were 
able to enter sensitive areas in Federal Government buildings and 
secure parts of airports suggests that the same opportunity exists for 
criminals to assume false identities and engage in criminal behavior.
  Fake badges and other forms of false identification are dangerous 
when used to commit crimes against innocent people who trust in the 
authority of law enforcement officials.
  In two separate incidents in Tampa, FL, an unidentified man attempted 
to abduct a young boy by using a fake police badge.
  In Chicago, IL, sheriff's police are investigating a series of home 
invasions and sexual assaults against women by a man who flashes a 
police badge to get into victims' homes.
  We must take action to prevent misuse of police badges and other 
forms of false identification to commit crimes. Beyond raising stakes 
for would-be criminals, a federal law is essential in addressing the 
interstate problem posed by increasing sales of counterfeit badges over 
the internet and through mail order catalogs.
  With the capable assistance of Representative McCollum and the 
Subcommittee on Crime, as well as the support of the Corrections Day 
Advisory Group, I believe that we are taking the necessary measures to 
prevent criminal activity involving the misuse of the law enforcement 
badge and other false identifications. I encourage my colleagues to 
support the Enhanced Federal Security Act of 2000.
  I am delighted to have the support of the following cosponsors: 
Representatives Bill McCollum, James A. Barcia, Shelley Berkley, 
Merrill cook, Bob Clement, Gene Green, Gary Miller, Sue Myrick, Jim 
Ramstad, Adam Smith, and Peter J. Visclosky.
  I submit for the Record the revised bill, H.R. 4827.

                               H.R. 4827

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Enhanced Federal Security 
     Act of 2000''.

     SEC. 2. ENTRY BY FALSE PRETENSES TO ANY REAL PROPERTY, 
                   VESSEL, OR AIRCRAFT OF THE UNITED STATES, OR 
                   SECURE AREA OF AIRPORT.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1036. ENTRY BY FALSE PRETENSES TO ANY REAL PROPERTY, 
                   VESSEL, OR AIRCRAFT OF THE UNITED STATES OR 
                   SECURE AREA OF ANY AIRPORT

       ``(a) Whoever, by any fraud or false pretense, enters or 
     attempts to enter--
       ``(1) any real property belonging in whole or in part to, 
     or leased by, the United States;
       ``(2) any vessel or aircraft belonging in whole or in part 
     to, or leased by, the United States; or
       ``(3) any secure area of any airport;
     shall be punished as provided in subsection (b) of this 
     section.
       ``(b) The punishment for an offense under subsection (a) of 
     this section is--
       ``(1) a fine under this title or imprisonment for not more 
     than five years, or both, if the offense is committed with 
     the intent to commit any crime; or
       ``(2) a fine under this title or imprisonment for not more 
     than two years, or both, in any other case.
       ``(c) As used in this section--
       ``(1) the term `secure area' means an area access to which 
     is restricted by the airport authority or a public agency; 
     and
       ``(2) the term `airport' has the meaning given such term in 
     section 47102 of title 49.''.
       ``(b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 47 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport.''.

     SEC. 3. POLICE BADGES.

       ``(A) In General.--Chapter 33 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 716. POLICE BADGES

       ``(a) Whoever--
       ``(1) knowingly transfers, transports, or receives, in 
     interstate or foreign commerce, a counterfeit police badge;
       ``(2) knowingly transfers, in interstate or foreign 
     commerce, a genuine police badge to an individual, knowing 
     that such individual is not authorized to possess it under 
     the law of the place in which the badge is the official badge 
     of the police;
       ``(3) knowingly receives a genuine police badge in a 
     transfer prohibited by paragraph (2); or
       ``(4) being a person not authorized to possess a genuine 
     police badge under the law of the place in which the badge is 
     the official badge of the police, knowingly transports that 
     badge in interstate or foreign commerce;

     shall be fined under this title or imprisoned not more than 
     six months; or both.
       ``(b) It is a defense to a prosecution under this section 
     that the badge is used or is intended to be used 
     exclusively--
       ``(1) in a collection or exhibit;
       ``(2) for decorative purposes; or
       ``(3) for a dramatic presentation, such as a theatrical, 
     film, or television production.
       ``(c) As used in this section--
       ``(1) the term `genuine police badge' means an official 
     badge issued by public authority to identify an individual as 
     a law enforcement officer having police powers; and
       ``(2) the term `counterfeit police badge' means an item 
     that so resembles a police badge that it would deceive an 
     ordinary individual into believing it was a genuine police 
     badge.''.
       ``(b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``716. Police badges.''.




                          ____________________